118 STAT. 2694 PUBLIC LAW 108–446—DEC. 3, 2004 evidence, and the Secretary may thereupon make new or modified findings of fact and may modify the Secretary’s previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substan tial evidence. ‘‘(D) JURISDICTION OF COURT OF APPEALS; REVIEW BY UNITED STATES SUPREME COURT.—Upon the filing of a peti tion under subparagraph (B), the United States court of appeals shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judg ment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. ‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY. ‘‘(a) IN GENERAL.—A local educational agency is eligible for assistance under this part for a fiscal year if such agency submits a plan that provides assurances to the State educational agency that the local educational agency meets each of the following condi tions: ‘‘(1) CONSISTENCY WITH STATE POLICIES.—The local edu cational agency, in providing for the education of children with disabilities within its jurisdiction, has in effect policies, proce dures, and programs that are consistent with the State policies and procedures established under section 612. ‘‘(2) USE OF AMOUNTS.— ‘‘(A) IN GENERAL.—Amounts provided to the local edu cational agency under this part shall be expended in accord ance with the applicable provisions of this part and— ‘‘(i) shall be used only to pay the excess costs of providing special education and related services to children with disabilities; ‘‘(ii) shall be used to supplement State, local, and other Federal funds and not to supplant such funds; and ‘‘(iii) shall not be used, except as provided in sub paragraphs (B) and (C), to reduce the level of expendi tures for the education of children with disabilities made by the local educational agency from local funds below the level of those expenditures for the preceding fiscal year. ‘‘(B) EXCEPTION.—Notwithstanding the restriction in subparagraph (A)(iii), a local educational agency may reduce the level of expenditures where such reduction is attributable to— ‘‘(i) the voluntary departure, by retirement or otherwise, or departure for just cause, of special edu cation personnel; ‘‘(ii) a decrease in the enrollment of children with disabilities; ‘‘(iii) the termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular child with a dis ability that is an exceptionally costly program, as deter mined by the State educational agency, because the child— 20 USC 1413.
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